The Age Of Reason 2Men who built an American Foundation
There is no necessary connection between law and morality; and (2) legal validity is determined ultimately by reference to certain basic social facts and the main line of natural law theories that no sharp distinction can be drawn between law and morality
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The connection between morality and law is one of the biggest questions of jurisprudence. It has become the dispute between natural law and legal positivism and has created a many ways how to think about the scope of legal enforcement. Here we meet with two philosophical directions which are standing on opposite border against each other.
“Morality” is very flexible, changing by generation. If there is any idea of changing a law, it takes hundred years to do it. Law and morality is every so often being connected. Right now, the countries base its laws on morals. Morality deals with question of correctness where on the other side laws are based on question of ethics. Law is characterized by specific people or by a society whereas morals are universal. The basic idea from which morals come is the concept of human rights. Laws are supposed to guarantee human rights but many fail to do so and restrict them. In my opinion I more tend to legal positivism. There are two basic values or reasons for that decision. First, all law are required to be written, where positivism make sure that the government will follow stated rules and apprise the members of society of their rights and obligations. In a legal system run according with positivist tenets, litigants would never be unfairly surprised by the government imposition of an unwritten legal obligation that was previously unknown. Second, positivism control judicial discretion. In some cases judges are not satisfied with the outcome of a case that would be decided by narrow law. For example, some judges may not want to allow a landlord to move out old and sick woman in the middle of winter, even if the law allows such action when rent is overdue. However, positivism requires judges to decide cases in accordance with the law. One of known philosopher Thomas Aquinas distinguishes four types of law-human, divine, eternal, and natural-as follows:
A, Human law-“an ordinance of reason for the common good promulgated by him who has the care of the community.”
B, Eternal law-God’s plan for all of creation.
C, Natural law-The part of eternal law that applies to human beings; it is God’s plan for us. Natural law can be differenced by human reason, and it concludes in the correct moral principles. E.g. “it is never permissible intentionally to kill an innocent human being,” and “one must never intend what is evil, even as a means to achieving a good or avoiding a bad result” are natural laws, in Aquinas’s view.
D, Divine law-the part of eternal law that God uncovers to us human beings via Scripture. If something is against natural law, then it’s against divine law as well. But some concepts, primarily of a religious nature, are oppositely to divine law but not natural law. For example, natural reason and natural law tell us that the God exists. But it is only through divine revelation that we can know that baptism, membership in the Christian church, etc. are necessary for our salvation.
Aquinas insists that human laws are genuine laws only if they do not contradict either natural or divine law.
Other Philosopher John Austin has definition of law as followed: a “rule laid down for the guidance of an intelligent being by an intelligent being having power over him.” There are two kinds of law: positive law (rules commanded by political superiors to their inferiors) and divine law (rules that God commands all human beings to follow). Law is commands, which Austin see as an expression of a wish by someone who has the willingness and ability to enforce compliance. (“If you cannot or will not harm me in case I comply not with your wish, the expression of your wish is not a command.”)
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Unlike Thomas Aquinas, John Austin does not make any differences between divine and natural law. Austin thinks that God’s commands to us are the true morality. Austin distinguishes divine law/the true morality from “positive morality,” or the beliefs about what’s right/wrong, just/unjust that are held by the majority of people in some society. The positive morality of our society is right as it agree with divine law and incorrect insofar as it deviates from it. It does not have any value that Austin had an unorthodox view of the content of divine law. Austin believed that God commands us to be utility maximizes, making utilitarianism the true morality.
Positive laws are driven by “political superiors.” John Austin calls these superiors the “sovereign,” and he defines “sovereign” as the person or persons who are not in the habit of obeying anyone else, and who everyone else is in the habit of obeying. Positive laws are general commands by people who themselves are not bound by them, and who can enforce obedience from everyone else. I don’t really match with either of these philosophers ideas but if I should to tend to one of their views it would be the one of John Austin’s for a reason of his division of laws.
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The Age of Reason was a period that revolutionized the way that Americans live their lives. Thomas Paine and Benjamin Franklin were both passionate writers during this time. Thomas Paine strongly believed in human rights, and that no government or religion could take away the freedom that man rightfully and naturally deserves. On the other hand, Benjamin Franklin was a self-made man who incorporated hard work and continuous self-improvement into his lifestyle. His own life reflected his beliefs towards mankind. Paine concentrated on the advancement of a nation as a whole, where as Franklin was interested more in the improvement of a single man. Regardless of their differences, these men have created a foundation for an open society where individuals are free to pursue individual happiness and liberty.
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Benjamin Franklin once quoted from Poor Richard?s Almanac, ?Dost thou love life? Then do not squander time, for that?s the stuff life is made of? (452). In other words life is short, do not waste time. So he spent all of his days working diligently, creating a life full of prosperity. Throughout his lifetime, he created a foundation for the formation of American values and character. Many of such values are rooted to Protestant Christianity, which is defined as ?a strong puritan tradition, with its emphasis on hard work, education, the need for self examination, discipline and frugality was the soil upon which the beginning of the nation was built? (Effing 127). Franklin was born into a puritan family, where he believed in God, but he eventually grew towards deism. Deism is the belief in a God who created the universe and then abandoned it, assuming no control over life. According to the Norton Anthology of American Literature ?Franklin believed that people were naturally innocent, that all the mysteries that charmed the religious mind could be explained to our advantage, and that education, properly undertaken, would transform our lives and set us free from the tyrannies of church and monarchy? (Baym 450). He tried to help ordinary people become successful in order to meet the means of individual happiness. Franklin was a printer, writer, philanthropist, inventor, scientist and diplomat. He was, without a doubt, America?s greatest self-made man.
He focused on two important works during his lifetime. The first was The Way to Wealth, where he expressed his values on business ethics. From the support of Poor Richard?s Almanac, he coined many terms and sayings that were designed to inspire the working class family. Another important work was his autobiography, where he expressed his view of how man is capable of becoming better. Effing says that ?he took the puritan characteristic of self-scrutiny to its highest degree by contriving a method in which he set up his own chart of virtues, and methodically tried to acquire them one after another until they became a habit? (128). Benjamin Franklin was a perfectionist. He is one of the most important people that helped build the American dream and without him the dream may have been lost.
During the time of the American Revolutionary War, Thomas Paine once said ?These are the times that try men?s souls? (637). Indeed, it was a very difficult time for the English colonies. The people were in a moral battle between themselves. They could not decide if they should stay loyal to England or whether it was time to make a move for independence. Paine is known as the Father of American Revolution, in a sense that he was an inspirational writer. His writing?s brought courage in a time of need to people who wanted to become independent. Paine ?argued that individuals were not born to their position in life but came into the world with certain basic, indestructible rights? (Nash 4). With this concept in mind he was able to build a foundation for a free society. It all started with Common Sense, the writing that sparked an American Revolution. In this writing, Paine attempted to convince his readers of the need to rebel against English rule. Paine argued ?that by seeking independence the colonies could cast off such tyranny and look forward to the creation of a new society that would be governed by properly elected and accountable representatives of the people? (Nash 3). Later in life, Paine supported the French Revolution. Here, he remained a strong promoter of liberty. He carefully argued against Louis XVI?s execution. After being imprisoned by the French government, his life would slowly begin to decease.
Like Benjamin Franklin, Thomas Paine was a deist. Only, Paine held stronger beliefs, which would eventually have a negative effect on his writings. Paine wrote in The Age of Reason, that ?all national institutions of churches, whether Jewish, Christian, or Turkish, appear to me no other than human inventions set up to terrify and enslave mankind, and monopolize power and profit? (643). Here, he is simply applying that organized religion is not necessary for the human mind to understand the universe. Paine was convinced that only human reason is needed to discover the natural laws of the universe and the natural rights of mankind. Instantly, The Age of Reason became a source of controversy which still endures. Many of his supporters in the struggle for liberty avoided him, and he was forgotten by most of the world. Thomas Paine did not deserve this treatment. He helped to lay the foundations of our nation?s liberty, and was a courageous leader. Thomas Paine was one of America?s greatest political thinkers. Our nation would never have flourished so extraordinarily without him.
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America has a strong history behind it. Many people and events have contributed to the making of a nation that we know today as ?the land of the free?. Our nation?s forefathers, including Thomas Paine and Benjamin Franklin, declared a government that would ensure us unalienable rights by our creator. In this declaration, we are encouraged to enjoy ?true life, liberty, and the pursuit of happiness?. No better men, than Thomas Paine and Benjamin Franklin, have founded such influential ideas. These men had one thing in mind. They wanted the American people to prosper, and prosper we did.
Works Cited
- Baym, Nina, editor. The Norton Anthology of American Literature. 7th ed. Vol. A. New York: Norton, 2007. 21 Mar. 2010.
- Effing, Merc? Mur. ?The Origin and Development of Self-Help Literature in the United States:
- The Concept of Success and Happiness, an Overview.? Atlantis (0210-6124) 31.2 (2009): 125-141. Humanities International Complete. EBSCO. Web. 21 Mar. 2010.
- Franklin, Benjamin. ?The Way to Wealth.? The Norton Anthology of American Literature. Ed. Nina Baym et al. 7th ed. Vol. A. New York: W. W. Norton & Co., 2007. 21 Mar. 2010.
- Nash, David. “The Gain from Paine.” History Today 59.6 (2009): 12-18.
- Humanities International Complete. EBSCO. Web. 21 Mar. 2010.
- Paine, Thomas. ?From The Age of Reason.? The Norton Anthology of American Literature. Ed. Nina Baym et al. 7th ed. Vol. A. New York: W. W. Norton & Co., 2007. 21 Mar. 2010.
- Paine, Thomas. ?The Crisi, No. 1.? The Norton Anthology of American Literature. Ed. Nina Baym et al. 7th ed. Vol. A. New York: W. W. Norton & Co., 2007. 21 Mar. 2010.
